We’re not barred by Barclays are we?


12:26 pm - March 20th 2009

by Sunny Hundal    


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A reader sent in a link to a cryptic comment on the Guardian:

Surely this can’t be right. There must be a better way to ensure accountability and transparency. While institutions keep important legal evidence all kin suffer. People have a right to know.

Why yes, people do have a right to know. Barclays obtained a gag order against the Guardian, but its not a libellous document so I can link to the full papers on WikiLeaks without perpetuating a libel. The order against the Guardian doesn’t apply to everyone does it?

A lawyer during the proceedings argued: “The quality of confidentiality is lost if the information is available from other public sources.” — so I wonder how the courts would react if British blogs started carrying links to the documents. Wouldn’t that then void the confidentiality?

This is why these documents are important. If you’re going to or have blogged this, let me know so I can add you to the list.

Linked:
Andrew Grant-Adamson
newsjiffy
septicisle
John Band
Richard Murphy / Tax Research UK
CharlieMcMenamin / Excuse me whilst I step outside
Rick B / Ten Percent
D-Notice
BenSix / Back towards the Locus
Aaron H / Tygerland
Jamie K / Blood & Treasure
Pickled Politics
Shiraz Socialist
Common Endeavour
FT Alphaville has its own artists’ rendition.
Max Dunbar
Andrew Adams / mutantBlog
Index on Censorship
OurKingdom / openDemocracy
Sean / Error Gorilla
Modernityblog
Claude / Hagley Road to Ladywood
Amused Cynicism

Ben suggests Twitter tag #barclaysmemo.

Beau Bo D’Or sends in the Wikileaks / Barclays banner – thanks mate. Use the top image if you like, but pls don’t hotlink them from BBDO as he doesn’t have bandwidth.

Don’t let tax-scrounging scum Barclays get away with it.

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About the author
Sunny Hundal is editor of LC. Also: on Twitter, at Pickled Politics and Guardian CIF.
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Story Filed Under: Blog ,Economy ,Media

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Reader comments


How about Twitter links?

P.S. I believe Richard Murphy of Tax Research UK was the first, or one of the first, to link to wikileaks
http://www.taxresearch.org.uk/Blog/2009/03/17/barclays-theyve-gagged-the-guardian-are-they-mad/

*Waits for LibCon to be Usmanoved*

How about Twitter links?

#barclaysmemos?

8. Preachy Preach

Where I would be careful is with the whole issue of legal privilege. Where tax advice is provided by lawyers, there’s an ongoing debate about whether this advice is protected by legal privilege (personally, I find it rather a ridiculous position to take in most cases), but it is a real risk.

Thanks! Keep those links coming!

Ben, great idea, will do that now

12. Fellow Traveller

Sounds like the al-jazeera memo all over again.

But no one recalls that affair even though two men went to prison because of it.

added, thanks! keep em’ coming!

We can’t let the real tax scroungers get away with it.

Have Barclays actually done anything illegal?

One hopes that if Barclays are forced either by legal or moral pressure to pay more tax that they won’t start laying people off to pay for it.

One hopes that if Barclays are forced either by legal or moral pressure to pay more tax that they won’t start laying people off to pay for it.

The amount Barclays has saved in tax is estimated at £1bn. Their profit for 2008 was £4.3bn. I don’t think that any claim that they are forced to lay off staff will get much sympathy.

Add me too 🙂

What really shocks me is the complexity of the proposals and the poor quality of the briefing memos. I would really like to know how long the Barclays Approvals committee spent considering this or if it was a rubber stamp. How well resourced is the committee? Does it obtain independent advice?

This is important as it drives to banks risk management.

Hagley Road to Ladywood joins you guys.
http://mymarilyn.blogspot.com/2009/03/having-barclays.html

Brown has increased the complexity of tax legislation which may have made evasion easier.

“Have Barclays actually done anything illegal?”

Not so far as we can tell in relation to this issue.

Please, for the love of f*ck, tell me you are aware of the blatant gall of the Grauniad criticising people for tax avoidance when they also have similarly legal but highly effective tax strategies, (and are laying people off).

Link also up on Amused Cynicism.

Unfortunately Wikileaks is overloaded — if anyone has the document can they email them to me (cabalamat@googlemail.com) so I can host them on my server.

“Where I would be careful is with the whole issue of legal privilege. Where tax advice is provided by lawyers, there’s an ongoing debate about whether this advice is protected by legal privilege (personally, I find it rather a ridiculous position to take in most cases), but it is a real risk.”

Legal privilege protects confidential advice given by a lawyer from being used as evidence in court against the recipient. So what is the risk to individuals who have no intention of using it in court?

The only risks I can identify are: (i) the person disclosing it either being sued (as the Guardian was) or (ii) being fined for contempt of court for breach of the court order.


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    New post: We’re not barred by Barclays are we? http://tinyurl.com/cbgqdc

  2. Gareth Winchester

    RT @libcon: New post: We’re not barred by Barclays are we? http://tinyurl.com/cbgqdc #barclaysmemos

  3. Liberal Conspiracy

    New post: We’re not barred by Barclays are we? http://tinyurl.com/cbgqdc

  4. Leaked Memo From Me To Barclays Bank… « Back Towards The Locus

    […] – LibCon Posted in Uncategorized […]

  5. Gareth Winchester

    RT @libcon: New post: We’re not barred by Barclays are we? http://tinyurl.com/cbgqdc #barclaysmemos

  6. Economic Roundup, Friday 20th March 2009 - Common Endeavour

    […] First up let’s start with people at Barclays, your corresondent reckons that they will rue the day they chose the Sultan’s shekel over the Queen’s shilling. For now they seem desperate to raise cash and have got in almighty scrap with the Guardian over tax avoidance. Sunny has more. […]

  7. The Barclays links « Shiraz Socialist

    […] Sunny Hundal is trying to get loads of blogs to link to the full papers – after all, we haven’t had injunctions taken out to prevent us from doing so. The documents are here.  […]

  8. The Barclays links « Max Dunbar

    […] Sunny Hundal is trying to get loads of blogs to link to the full papers – after all, we haven’t had injunctions taken out to prevent us from doing so. The documents are here.  […]

  9. What A Pile of Bankers! « ModernityBlog

    […] Sunny breaks the leak. […]

  10. Jump You Fuckers- Americans Fight back- while we…….. « Centurean2’s Weblog

    […] Sunny Hundal is trying to get loads of blogs to link to the full papers – after all, we haven’t had injunctions taken out to prevent us from doing so. The documents are here.  […]

  11. Guardian/Barclays documents up on Wikileaks « Amused Cynicism

    […] link to Wikileaks is being published by Liberal Conspiracy, and these other blogs:Andrew Grant-Adamson, newsjiffy, septicisle, John Band, Richard Murphy / Tax […]

  12. Gareth Winchester

    @jemimakiss This is a good a place as any to start http://is.gd/oNja Also #barclaysmemos

  13. Allan Edwards

    this sort of thing? http://tinyurl.com/cbgqdc

  14. Gareth Winchester

    @jemimakiss This is a good a place as any to start http://is.gd/oNja Also #barclaysmemos





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